Chapter 430 Chapter 454 Chapter 455 (Merge Chapter) Theft VS Fraud

Author: Snow Yinghong Plum

Chapter 430 Chapter 454 Chapter 455 (Merge Chapter) Theft VS Fraud

Both the police and the auxiliary police were too conspicuous in uniforms. Zou Guang didn’t have a uniform. After thinking about it, he thought it was the most convenient to pretend to be plainclothes. He didn’t have to change clothes, which saved costs. Alas! Everything you do these days has to be cost-effective.

But he was afraid of being caught and sentenced to heavy sentences when he was serving his sentence in prison, a prisoner was arrested for pretending to be a policeman and was sentenced to a heavy sentence. In the end, he decided to pretend to be a staff member who helped the police handle the case.

Passers-by are required to assist in handling the case, and the target is minors. Minors are simpler and easy to gain trust.

With the means of committing the crime and the target population, how can he cash it out? He observed for a long time. Minors usually don’t have much money, but most of them have mobile phones, and they are all good mobile phones. He then focused on the mobile phone.

.

There are some stalls that buy second-hand mobile phones in the electronic market. Mobile phones without invoices are much cheaper than mobile phones with invoices. Because everyone knows that this kind of mobile phone is unknown, it is a blatant price reduction.

After that, Zou Guang wandered around schools in various districts, specifically chatting with minors. He confiscated the other party's mobile phone for inspection on the grounds that he needed to identify the suspect in a criminal case. After getting the phone, he would use the excuse of parking farther away.

He needed to drive or fabricate other reasons to let the victim wait in place and not walk around. Then, he fled the scene and went to the second-hand electronic market to sell the stolen money, and he squandered all the stolen money.

At first he was still frightened, but later he found that as long as the other party was involved in a criminal case, whether the boy or girl was the other party, he immediately honestly and obediently cooperated with the phone. The more he was brave he became, the more he was running around in various districts in the city.

.

Minors lack social experience and are easily deceived, but parents are not easy to fool. After receiving reports from multiple parents, Zou Guang's behavior also attracted the attention of the public security department. Just when he was in a thrill of his horse, the public security department based on

A large-scale investigation was conducted on the report information of the students' parents.

While deploying police forces to cast nets around the school, people were sent to visit the electronic market, the largest distribution center for second-hand mobile phones in the city.

There are several stalls trading with Zou Guang in the electronic market. One of them is the inmate he met in prison. The police set the inmate Zhang who had a criminal record as the key target for the investigation. It happened that day, the inmate Zhang was the prisoner Zhang who had a criminal record.

He received several mobile phones without tickets and was arrested by the police.

The business that prisoner Zhang originally did was not black or white, so he could pull out the radish and bring out the mud. In order to reduce the punishment, he shook Zou Guang's affairs. The police asked him to cooperate with the arrest of Zou Guang. If it was successful, he could recommend the prosecution.

The officer will not sue him.

When a prison friend Zhang heard that he was like a chicken pecking at rice, he didn't want to enter the palace again. As the saying goes, a fellow Taoist will die, so he called Zou Guang out with a phone call, and Zou Guang was arrested again.

"How many mobile phones have you made in total?" Fang Yi asked.

"Five, only five, one Nokia old model, worth more than one thousand, one Lenovo mobile phone is worth several hundred yuan, and three are Samsung mobile phones, each with a price ranging from one thousand to three thousand.

I was so overwhelmed that I only gave me 3,500 yuan in total." Zou Guangdao.

"What you are talking to the public security organs and the procuratorate are five cell phones?" Fang Yi asked in his eyes.

"Yes, there are only five in total, really." Zou Guang's eyes dripped around, and he didn't dare to look at Fang Yi.

Fang Yi knew that he must have not told the truth, but why both the police and the procuratorate had not dug him down?

In fact, Fang Yi guessed it was really right. Zou Guang had been wandering around in the city for more than two months, so how could he get five mobile phones (Zhang Zi did not tell the truth to the police), but many parents did not report the case, just these five mobile phones

There is another one that Zou Guang was cheated out by the police.

Speaking of which, Zou Guang was also unlucky. The three parents who reported the case before were all ordinary people. After the police registered, they all handled ordinary theft cases. The fourth parents who reported the case had a special identity, which immediately attracted the attention of the public security department, so they were paused.

The results were quickly obtained after the operation.

After returning from the detention center, Fang Yi took a break after lunch and went straight to the procuratorate to review the case, and communicated with the prosecutor in charge of the case.

The next afternoon, Zou Guang's father Zou Daliang walked into the conference room of the law firm again.

"Lawyer Fang, how about my son's case? Do you think it's the crime of theft or fraud?" Zou Daliang asked with his neck stretched out and stared at Fang Yi with his eyes.

In his opinion, the crime of fraud seems to be more serious than the crime of theft. Zou Guang was sentenced to one year in theft, so he has some understanding of the crime of theft.

"I think Zou Guang constitutes fraud, not theft. I agree with the procuratorate." Fang Yi said.

"Why?" Zou Daliang asked.

"Well... there are some theoretical issues involved, and I will try to explain them to you in plain language.

From the perspective of the distinction between fraud and theft, the mainstream view in the theoretical community and judicial practice believes that the difference between the two crimes lies in whether the victim disposes his own property based on his mistakes in understanding.

To put it bluntly, the crime of fraud is to brainwash the victim by certain fraudulent means. After the victim is deceived, he voluntarily handed over the property to the liar. That is, the crime of fraud is a crime in which the victim voluntarily handed over the property to the perpetrator to possess and control; the crime of theft is

It is a crime of stealing property against the victim's will.

I personally believe that the crime of fraud mainly uses deception to defraud property, with the focus on fraud; the crime of theft usually uses secret means to steal property, with the focus on stealing.

Let me give you an example, for example, if you encounter someone asking for help on the street to call with your cell phone, what would you do?" Fang Yi asked.

"It won't cost much money to make a phone call, just use it." Zou Daliang said.

"Will you stare at him and be worried that he will take your phone away?" Fang Yi asked.

"Well... I will definitely. I don't know him." Zou Daliang hesitated and said.

“That’s right, because there is a lack of trust between you.

Therefore, in the normal process of borrowing a mobile phone, if there is no trust relationship between the lender of the mobile phone and the borrower, the lender will definitely pay close attention to the use of the mobile phone after lending the mobile phone so that the mobile phone will be taken back in time.

If the borrower takes advantage of the call and sneaks away with the victim with his cell phone and leaves the scene while he is not careful, thus illegally possessing the mobile phone. Then the borrower's behavior may constitute the crime of theft.

The case of your son Zou Guang is different from the above situation.

Zou Guang pretended to be a staff member who helped the police handle the case, thus gaining the trust of the minor, cheated the mobile phone from the minor, and then used various reasons to make the minor fall into a wrong understanding, agreeing to him leave the scene with his mobile phone and in the original

Waiting for him to come back and return his cell phone.

Judging from the entire process of the case, Zou Guang's main way to obtain the victim's (minor) mobile phone is to defraud rather than steal, so Zou Guang's behavior does not meet the constituent elements of the crime of theft.

The concept of possession in criminal law is different from that of daily possession. For example, after borrowing a mobile phone, Zou Guang took the mobile phone away from the scene. If the victim did not stop it, he should believe that the possession of the mobile phone and the dominance relationship had changed, and the victim actually

He has made wrong punishment for his property due to being deceived.

As for your son's case, the victim handed over the mobile phone to your son Zou Guang, which was just a delivery behavior of the mobile phone. Your son Zou Guang took the mobile phone away from the scene. The victim did not take effective measures to stop it. Only then did the property be disposal

.

This case was caused by Zou Guang's deception, which led to the victim's misunderstanding, which led to the mobile phone being taken away. The victim was present from beginning to end. The victim always believed that Zou Guang would come back to return the mobile phone, so this case is more in line with the essential characteristics of the crime of fraud.

You understand!" Fang Yi explained.

"Oh, although I don't understand very much, I understand what you mean, one is to cheat people and the other is to steal. Just like Li Dashu in our village, we fooled us into taking money to invest, investing in a factory, and then bringing money.

It's almost the same thing to run away. Is that what it means?" Zou Daliang asked back.

"Yes, that's what it means." Fang Yi said.

"Then... Lawyer Fang, which crimes of theft and fraud are more serious?" Zou Daliang was most concerned about the crime that was more beneficial to his son Zou Guang.

"I will explain this to you, according to the Criminal Law:

Those who steal public and private property in large amounts, or steal multiple times, steal from home, steal with weapons, or pickpocketing, shall be sentenced to fixed-term imprisonment of not more than three years, detention or control, and shall be fined alone; the amount is huge or there are other serious circumstances

If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be sentenced to fixed-term imprisonment of not more than ten years or life imprisonment, and the property shall be sentenced to fixed-term imprisonment of not more than ten years or life imprisonment, and the property shall be fined or confiscated.

If the amount of fraud is large, the amount of public and private property shall be sentenced to fixed-term imprisonment of not more than three years, detention or control, and shall be fined or fined alone; if the amount is huge or there are other serious circumstances, the amount shall be sentenced to fixed-term imprisonment of not more than three years but not more than ten years, and shall be fined;

If the amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of more than ten years or life imprisonment, and shall be fined or property confiscated." Fang Yi said.

"If you say that, the severity of these two crimes is about the same." Zou Daliang said with a blink of an eye.

"It's not what you said. On the surface, the punishments for the two crimes are three levels, and they are the same, but the starting point is different.

Article 1 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of the Theft" stipulates that theft of public and private property is worth more than one thousand yuan to more than three thousand yuan, with a large amount of 30,000 yuan to 100,000 yuan, with a value of 30,000 yuan to 100,000 yuan.

The amount above RMB is 'huge amount', and the amount above RMB 300,000 to RMB 500,000 is 'huge amount'.

According to Article 1 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud", the value of public and private property defrauded is 'a large amount' and 30,000 yuan, 30,000 yuan.

If it is more than 100,000 yuan, it is a "huge amount", and if it is more than 500,000 yuan, it is a "huge amount".

Your son Zou Guang's crime amount is more than 9,000 yuan, less than 10,000 yuan. Our province has no special regulations on the amount of crimes for these two crimes, so referring to the above explanation, your son's crime amount should belong to the two crimes.'

The amount is larger'.

However, the starting point of the crime of theft is lower than that of the crime of fraud. In the same amount, the crime of theft will generally be sentenced to heavier. Of course, this is not absolute, it depends on the case.

Your son had a criminal record before and was punished. He committed another crime within five years, which constituted a recidivist. This time he would be punished more severely." Fang Yi said.

"Ah! Then how many years will my son be sentenced to?" Zou Daliang looked at Fang Yi in shock. The lawyer had never mentioned the recurrence crime before. At this time, Fang Yi said it and made his brain a little unresponsive.

"According to the Criminal Law, a fixed-term imprisonment of less than three years should be sentenced to fixed-term imprisonment of less than three years. The possibility of detention and control is not high, because it is a recidivist and probation is not applicable. I will defend him for a light crime." Fang Yi said.

After hearing this, Zou Daliang was a little lost and sighed for a moment: "Hey! I haven't learned well since I was a child, and I just came out to make peace for a few days and went in again!

I have a responsibility. I worked everywhere to make money and couldn't take care of him. He lived with his grandmother in his hometown... In a blink of an eye, the child grew up, the money was not made, and the child was delayed..."

As he spoke, his eyes became wet.

After seeing Zou Daliang off, Fang Yi suddenly thought of his son Fang Anzhi. He spent half his life busy, and it seemed that he had never taken care of his children.

Since visiting Yunwu Tea House once, Wan Kefa has become obsessed with tea art and has traveled at least three times a week. Yunmei is busy with business and often does not stay in the tea house, so she arranged for a tea art master to teach him about tea art.

Today, the fat old man was in a state of interest. After get off work, he took Fang Yi and Huang Yuanchao to the office for tea and took the opportunity to show off his tea skills.

Looking at the fat old man's unskilled movements, listening to Huang Yuanchao's perfect flattery, and drinking the valuable Dahongpao, Fang Yi sighed in his heart: Is the fat old man just out of the wine jar and entering the tea pit again?

!Drinking alcohol harms your body, and drinking tea costs money. I wonder if the fat old man will regret it.
To be continued...